Former Lawyers’ Association Chairman: Trial Postponement “Severe Damage to Three People
Lee Jae-myung’s Trial Delay Sparks Debate Over Separation of powers
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SEOUL — The postponement of Democratic Party presidential candidate Lee Jae-myung’s trial untill after the June 3 election has ignited controversy, with legal experts raising concerns about potential infringements on the separation of powers.
Defense’s Request and Judicial Response
Lee’s legal team requested the trial be rescheduled, citing the demands of the official election campaign. The Democratic Party also engaged in discussions regarding the potential impeachment of the Supreme Court Chief Justice, actions perceived by some as pressure on the judiciary too accommodate Lee’s campaign schedule.
Choi Gun-yang, a lawyer, voiced his concerns in an interview, stating, “The Constitution enshrines the principle of separation of powers. The Democratic Party’s actions suggest a prioritization of the legislative branch over the judiciary.”
Concerns Over Judicial Independence
Critics argue that Lee and his party are encroaching upon the court’s authority. The scheduling of trials, thay contend, falls under the judiciary’s exclusive purview. The Democratic Party’s discussions of impeachment and perceived attempts to influence trial dates have fueled accusations of undermining judicial independence.
“It is indeed not a problem to change the date of change,” Choi said, but questioned the motivation behind the request.”Lee should postpone the date because he needs to do the campaign.”
choi added, “The chief justice should not influence the judge in charge, but the democratic Party is asking for it.”
‘Impeachment Cowardice’ Allegations
Choi suggested the judiciary may have yielded to political pressure from the Democratic Party. “it seems to have acted to avoid political misunderstandings,” he stated.
Prior to the postponement, Lee was scheduled to attend multiple hearings, including those related to the Daejang-dong, Wirye, and Baekhyeon-dong development projects, the Seongnam FC case, and alleged violations of the Public Election Act.
The Seoul High Court Criminal Division, though, delayed the hearing on the Public Election Act violation case, initially set for May 15, until June 18. This decision followed Lee’s formal request for a change of date.
In a statement released May 7, the Seoul High Court explained, “We changed the trial date after the presidential election to ensure an equal election campaign for the presidential candidate and eliminate the controversy over the fairness of the trial.”
The court maintained its commitment to impartiality, asserting, “The repatriation court has been in the attitude that it is indeed autonomous and fairly judged by the Constitution and Law without any influence or interference within the court, and the same is true.”
Similarly, the first hearing related to the daejang-dong, wirye, Baekhyeon-dong, and Seongnam FC cases was moved from May 27 to June 24 by the Seoul central District Court.
Lee’s request for a change of date in the perjury case appeal, currently before the Seoul High Court Criminal Division, remains under consideration.
Trial Delays Criticized
Choi criticized the slow pace of Lee’s trials, stating, “The judiciary should not be influenced by other power and should not be affected by public opinion. But it seems to be true that the Democratic Party is dominating the legislature.”
He characterized the delays as “a clear preferential benefit” and questioned the court’s ”uncritical acceptance of Lee’s claim.”
“It has been more than two years since the trial began, but I haven’t even sent a first sentence yet,” Choi said.
lee’s involvement in the Daejang-dong, Wirye, Baekhyeon-dong, and Seongnam FC cases led to prosecution in March 2023. While the Wirye case has concluded, the Daejang-dong case remains ongoing, and proceedings in the Baekhyeon-dong and seongnam FC cases have yet to commence.
Choi emphasized the principle of equal justice, stating, “All citizens must be judged equally, and if they have committed a crime, they must be trial.”
He also noted that if the amendment to the Criminal procedure Law, passed by the National Assembly’s Judicial Judicial commission on July 7, is ratified by the plenary session, it would suspend the trial until after the presidential election.
Concerns Over Potential Dictatorship
choi expressed concerns about the potential for a dictatorship, given the Democratic Party’s dominance in the National Assembly and perceived influence over the judiciary.
“The judiciary’s independence and the separation of the Three kingdoms follow the checks and balance principles, but the Democratic Party is actually eliminating it,” Choi said.
he pointed to the Democratic Party’s proposed amendment to the Court Organization Act, which included the Supreme Court, following Lee’s indictment for alleged violations of the Public Election Act.
choi warned,”(Democrats) dominate the legislature and now try to take control of the judiciary. It’s a dictatorship. If this candidate becomes president, there is no forces to check, and ‘Lee Jae -myung’s socialism’.”
Choi urged Lee to uphold constitutional principles, stating, “This candidate is also a lawyer, so it is not legally valid for the Democratic Party to claim it, and it is not suitable for the principle of our Constitution.”
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# Lee Jae-myung Trial Delay: A Deep Dive into the Controversy
This article delves into the controversy surrounding the postponement of Democratic Party presidential candidate Lee Jae-myung’s trial, exploring the concerns raised and the legal implications involved.we’ll use a question-and-answer format to provide clarity and understanding.
## What is the core issue surrounding the trial delay?
The primary issue revolves around the rescheduling of Democratic Party presidential candidate lee Jae-myung’s trial until after the June 3 election.This delay has triggered critically important debate among legal experts, raising concerns about potential infringements on the principle of separation of powers and judicial independence.
## Why was Lee Jae-myung’s trial postponed?
Lee’s legal team requested the trial be rescheduled, citing the demands of the official election campaign. The Seoul High Court Criminal Division delayed the hearing on the public Election Act violation case, initially set for May 15, until June 18.Similarly, the first hearing related to the daejang-dong, wirye, Baekhyeon-dong, and Seongnam FC cases was moved from May 27 to June 24 by the Seoul central District Court. The court stated that the change of dates was to ensure an equal election campaign for the presidential candidate and eliminate the controversy over the fairness of the trial.
## What is the “separation of powers” and why is it relevant here?
The “separation of powers” is a essential principle of many democracies. It divides governmental authority among three branches: the legislative (makes laws), the executive (enforces laws), and the judiciary (interprets laws). This separation is intended to prevent any single branch from becoming too powerful and to ensure checks and balances. In this case,the article discusses issues that concern the judiciary.
## What specific actions have sparked concerns about the separation of powers?
Several actions have raised concerns:
- Lee’s legal team requesting the trial to be rescheduled
- The Democratic Party engaging in discussions regarding the potential impeachment of the Supreme Court chief Justice.
- Critics contend that Lee and his party are encroaching upon the court’s authority.
## What is the core point of view of legal expert Choi Gun-yang?
Choi Gun-yang,a lawyer,is critical of the trial delays.He believes that the delays are a “clear preferential benefit” to Lee Jae-myung. He is concerned that the judiciary may have yielded to political pressure and is questioning the motivation behind the request for the trial’s postponement.
### What specifically did Choi Gun-yang say about the trial?
Choi criticized the slow pace of Lee’s trials, stating, “The judiciary should not be influenced by other power and should not be affected by public opinion.” He also voiced concern about the principle of equal justice, stating, “All citizens must be judged equally, and if they have committed a crime, they must be trial.”
## What are the different cases lee Jae-myung is involved in?
Lee’s involvement includes multiple cases that led to prosecution in March 2023.
- Daejang-dong
- Wirye
- Baekhyeon-dong
- Seongnam FC
- Alleged violations of the Public election Act
The Wirye case concluded, the daejang-dong case remains ongoing, and proceedings in the Baekhyeon-dong and Seongnam FC cases have yet to commence.
## What is *the* legal argument made by Choi regarding the postponement of Lee’s trials based on his political agenda?
choi notes, “It has been more than two years since the trial began, but I haven’t even sent a first sentence yet.” He is concerned that the trials are moving slowly. Choi believes that the government is giving preferential treatment.
## What is the court’s viewpoint on the trial delays?
The Seoul High Court stated that the trial date was changed to ensure an equal election campaign for the presidential candidate and eliminate the controversy over the fairness of the trial. the court asserted that it is is autonomous and fairly judged by the Constitution and Law without any influence or interference within the court.
## What other issues are raised by Choi and others?
Choi’s concerns extend beyond just the trial delays. these include the potential for a drift towards dictatorship due to:
- the Democratic Party’s perceived dominance in the National Assembly.
- Influence over the judiciary due to factors like the proposed amendment to the Court Organization Act.
Choi warned,”(Democrats) dominate the legislature and now try to take control of the judiciary. It’s a dictatorship.”
## Summary of Key Concerns and Legal Arguments
Here’s a concise overview of the central issues raised in the article:
| Concern | Legal Argument |
|---|---|
| Trial Delays | Impact on judicial process, equal treatment |
| Separation of Powers | Constitution enshrines |
| Potential Dictatorship | Dominance of the Democratic Party in legislature, judiciary influence |
## conclusion:
The postponement of Lee Jae-myung’s trial has become a complex and contentious issue, raising fundamental questions about judicial independence, the separation of powers, and the fairness of the electoral process. With differing views on the motivations behind the delays, it is crucial to examine the legal arguments presented to assess the implications fully.